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New Rail Market Access Rules Directive 2012/34/EU ( recast )

. New Rail Market Access Rules Directive 2012/34/EU ( recast ). EUROPEAN COMMISSION. The topics …. Regulatory bodies: Strong advocates of competition Cooperation makes the difference ! Border crossing agreements – an eternal problem ? Port services for shippers.

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New Rail Market Access Rules Directive 2012/34/EU ( recast )

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  1. New Rail Market Access RulesDirective 2012/34/EU (recast) EUROPEANCOMMISSION

  2. The topics… • Regulatory bodies: Strongadvocates of competition • Cooperationmakes the difference! • Border crossingagreements – an eternalproblem? • Port services for shippers

  3. Regulatory Body • Independence • Appeal function • Monitoring function • Power to request information. • Power to « remedy the situation » • Judicial review • International cooperation

  4. Recastto clarifyIndependence • Single authority independent from any other public authority • Cross-sectoralregulatorallowed • Criteria for recruitment of board members and termination of their mandate • No interest in RU or IM for one yearafter end of term as regulator

  5. Appealfunction of the regulatory body • Appeals in particular with regard to network statement, allocation process and its result, charging scheme, level or structure of charges which the operator has to pay • Decision on complaints within a maximum period of two months from receipt of all information • Appeal function may be attributed to a different body than “regulatory” function

  6. Monitoring (regulatory) function • Article 30(1) of 2001/14: RB must have appeal and regulatory functions • Article 30(3): RB shall ensure that charges comply with chapter II • Article 10(7) of 91/440: RB according to Art. 30(1) of 2001/14 or any other body shall monitor competition in the rail services markets • Shall be set up in accordance with 30(1) • Complaint if « treated injustly, discriminated or injured in any other way » • RB may decide upon complaint or on its own initiative on appropriate measures to correct undesirable developments in rail markets

  7. Power to request Information • RB shall have the power to request relevant information from IM, applicant or any third party involved • Information must be supplied without undue delay • In view of the monitoring function of the RB, this includes information necessary for market surveys, also statistical information • To be enforced by sanctions including fines

  8. Recast on Power to request Information • Include information on statistical facts necessary for market monitoring • Right to conduct audits or initiate external audits • Regulatory accounts must be supplied: • By IMs and integrated companies to allow check of account separation and preventing of cross-subsidies • By IMs to allow control of access charges

  9. Power to « remedy the Situation » • Decisions must have direct effect on the market • No administrative review, only judicial review possible • Enforcement with sanctions including fines • Recast: Suspension of effect of RB decision only in case of irretrievable damage for applicant

  10. New Powers for RBs proposed in Recast • To control access to rail related services • To check account separation issues • More detailed check of network statements

  11. International co-operationof regulatory bs • Obligation to co-operate in exchanging relevant information • RBs must supply all information whichthey are themselvesentitled to request • Information to besupplied to the RB taking the decision • Associations of IMs must equallyprovidesuch information

  12. Cooperation of Licensing A., Safety A. and Regulatory Body • RB must cooperate withSA and LA • framework for cooperation, which these authorities must develop and agree • RA provides recommendations for these authorities on issues that might affect com-petition. SA and RA must state reasons if they deviate from these recommendations.

  13. Cooperation of infrastructure managers • Problem: bordersreducequality and speed • Association of IM to coordinate charges of intl services including performance schemes • Association of IM to coordinatecapacity allocation or allocatecapacityitself

  14. Rail border crossingagreements • Intra-EU and externalborders • MS must ensurecompliancewith EU law • More than 100 agreements in effect • Existingagreements: Notification to Commission by mid 2013 Decision of Commission on compliance • New agreements: Notification of intentions to Commission Commission decides if not compliant Prior autorisation by Commission requested

  15. Proposal for port services – May 2013 • Freedom to provide services • Bunkering, dredgeing, mooring, receptionfacilities, pilotage, towage • Financial transparency • Service charges, infrastructure charges, • Supervisory body • Includes in addition cargo handling and passenger services

  16. Thankyou for your attention

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